Agreement between the Republic of San Marino and the Republic of Croatia for

the avoidance of double taxation with respect to taxes on income

This agreement was published in the official gazzette of the Republic of Croatia "Narodne novine -
Meunarodni ugovori" No. 10/05
Applicable since 1 January 2006
The Republic of San Marino and the Republic of Croatia, hereunder the Contracting
States, wishing to conclude an Agreement for the avoidance of double taxation with
respect to taxes on income,
have agreed the following:
Chapter I
SCOPE OF THE AGREEMENT
Article 1
PERSONS COVERED
This Agreement shall apply to persons who are residents of one or both of the Contracting States.
Article 2
TAXES COVERED
1. This Agreement shall apply to taxes on income imposed on behalf of a Contracting State or of its local
authorities, irrespective of the manner in which they are levied.
2. There shall be regarded as taxes on income all taxes imposed on total income or on elements of income,
including taxes on gains from the alienation of movable or immovable property, taxes on the total amounts of
wages and salaries paid by enterprises, as well as taxes on capital appreciation.
3. The existing taxes to which the Agreement shall apply are in particular:
a) in the Republic of San Marino:
the general income tax which is levied
1. on individuals;
2. on bodies corporate and proprietorships;
even if collected through a withholding tax
(hereunder referred to as San Marino tax);
b) in the Republic of Croatia:
1. the profit tax;
2. the income tax;
3. the local income tax and any other surcharge levied on one of these taxes;
(hereunder referred to as Croatian tax).
4. The Agreement shall apply also to any identical or substantially similar taxes that are imposed after the date of
signature of this Agreement in addition to, or in place of, the existing taxes. The competent authorities of the
Contracting States shall notify each other of any significant changes that have been made in their taxation laws.
Chapter II
DEFINITIONS
Article 3
GENERAL DEFINITIONS
1. For the purposes of this Agreement, unless the context otherwise requires:
a) the term San Marino means the territory of the Republic of San Marino;
b) the term "Croatia" means the territory of the Republic of Croatia, as well as those maritime areas adjacent to
the outer limit of territorial sea, including seabed and sub-soil thereof, over which the Republic of Croatia, in
accordance with international law (and the laws of the Republic of Croatia), exercises sovereign rights and
jurisdiction;
c) the terms a Contracting State and the other Contracting State mean, as the context requires, San Marino
or Croatia ;
d) the term person includes an individual, a company and any other body of persons;
e) the term company means any body corporate or any entity that is treated as a body corporate for tax
purposes;
f) the terms enterprise of a Contracting State and enterprise of the other Contracting State mean respectively
an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the
other Contracting State;
g) the term international traffic means any transport by a ship or aircraft operated by an enterprise that has its
place of effective management in a Contracting State, except when the ship or aircraft is operated solely between
places in the other Contracting State;
h) the term national means:
(i) any individual possessing the nationality of a Contracting State;
(ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting
State;
i) the term competent authority means:
(i) in San Marino, the Ministry of Finance;
(ii) in Croatia, the Minister of Finance or his authorized representative.
2. As regards the application of the Agreement at any time by a Contracting State, any term not defined therein
shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State
for the purposes of the taxes to which the Agreement applies, any meaning under the applicable tax laws of that
State prevailing over a meaning given to the term under other laws of that State.
Article 4
RESIDENT
1. For the purposes of this Agreement, the term resident of a Contracting State means any person who, under
the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any
other criterion of a similar nature, and also includes that State and any local authority thereof. This term,
however, does not include any person who is liable to tax in that State in respect only of income from sources in
that State.
2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then
his status shall be determined as follows:
a) he shall be deemed to be a resident only of the State in which he has a permanent home available to him; if he
has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with
which his personal and economic relations are closer (centre of vital interests);
b) if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent
home available to him in either States, he shall be deemed to be a resident only of the State in which he has an
habitual abode;
c) if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the
State of which he is a national;
d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall
settle the question by mutual agreement.
3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both
Contracting States, then it shall be deemed to be a resident only of the State in which its place of effective
management is situated.

Article 5
PERMANENT ESTABLISHMENT
1. For the purposes of this Agreement, the term permanent establishment means a fixed place of business
through which the business of an enterprise is wholly or partly carried on.
2. The term permanent establishment includes especially:
a) a place of management;
b) a branch;
c) an office;
d) a factory;
e) a workshop, and
f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.
3. A building site or construction or installation project constitutes a permanent establishment only if it lasts more
than 12 months.
4. Notwithstanding the preceding provisions of this Article, the term permanent establishment shall be deemed
not to include:
a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to
the enterprise;
b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of
storage, display or delivery;
c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of
processing by another enterprise;
d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of
collecting information, for the enterprise;
e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other
activity of a preparatory or auxiliary character;
f) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-
paragraphs a) to e), provided that the overall activity of the fixed place of business resulting from this
combination is of a preparatory or auxiliary character.
5. Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than an agent of an
independent status to whom paragraph 6 applies - is acting on behalf of an enterprise and has, and habitually
exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise
shall be deemed to have a permanent establishment in that State in respect of any activities which that person
undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4
which, if exercised through a fixed place of business, would not make this fixed place of business a permanent
establishment under the provisions of that paragraph.
6. An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other
Contracting State merely because it carries on business in that State through a broker, general commission agent
or any other agent of an independent status, provided that such persons are acting in the ordinary course of their
business.
7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company
which is a resident of the other Contracting State, or which carries on business in that other State (whether
through a permanent establishment or otherwise), shall not of itself constitute either company a permanent
establishment of the other.
Chapter III
TAXATION OF INCOME
Article 6
INCOME FROM IMMOVABLE PROPERTY
1. Income derived by a resident of a Contracting State from immovable property (including income from
agriculture or forestry) situated in the other Contracting State may be taxed in that other State.
2. The term immovable property shall have the meaning which it has under the law of the Contracting State in
which the property in question is situated. The term shall in any case include property accessory to immovable
property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law
respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as
consideration for the working of, or the right to work, mineral deposits, sources and other natural resources;
ships, boats and aircraft shall not be regarded as immovable property.
3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other
form of immovable property.
4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise
and to income from immovable property used for the performance of independent personal services.
Article 7
BUSINESS PROFITS
1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise
carries on business in the other Contracting State through a permanent establishment situated therein. If the
enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only
so much of them as is attributable to that permanent establishment.
2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the
other Contracting State through a permanent establishment situated therein, there shall in each Contracting State
be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct
and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing
wholly independently with the enterprise of which it is a permanent establishment.
3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which
are incurred for the purposes of a permanent establishment, including executive and general administrative
expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere.
4. Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent
establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in
paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an
apportionment as may be customary; the method of apportionment adopted shall, however, be such that the
result shall be in accordance with the principles contained in this Article.
5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent
establishment of goods or merchandise for the enterprise.
6. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall
be determined by the same method year by year unless there is good and sufficient reason to the contrary.
7. Where profits include items of income which are dealt with separately in other Articles of this Agreement, then
the provisions of those Articles shall not be affected by the provisions of this Article.
Article 8
SHIPPING AND AIR TRANSPORT
1. Profits from the operation of ships or aircraft in international traffic shall be taxable only in the Contracting
State in which the place of effective management of the enterprise is situated.
2. If the place of effective management of a shipping enterprise is aboard a ship, then it shall be deemed to be
situated in the Contracting State in which the home harbour of the ship is situated, or, if there is no such home
harbour, in the Contracting State of which the operator of the ship is a resident.
3. The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an
international operating agency.
Article 9
ASSOCIATED ENTERPRISES
1. Where
a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of
an enterprise of the other Contracting State, or
b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a
Contracting State and an enterprise of the other Contracting State,
and in either case conditions are made or imposed between the two enterprises in their commercial or financial
relations which differ from those which would be made between independent enterprises, then any profits which
would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have
not so accrued, may be included in the profits of that enterprise and taxed accordingly.
2. Where a Contracting State includes in the profits of an enterprise of that State and taxes accordingly
profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the
profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the
conditions made between the two enterprises had been those which would have been made between
independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax
charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions
of this Agreement and the competent authorities of the Contracting States shall if necessary consult each other.
Article 10
DIVIDENDS
1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting
State may be taxed in that other State.
2. However, such dividends may also be taxed in the Contracting State of which the company paying the
dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a
resident of the other Contracting State, the tax so charged shall not exceed:
a) 5 percent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership)
which holds directly at least 25 percent of the capital of the company paying the dividends;
b) 10 percent of the gross amount of the dividends in all other cases.
The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of
these limitations.
This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are
paid.
3. The term dividends as used in this Article means income from shares, jouissance shares or jouissance
rights, mining shares, founders shares or other rights, not being debt-claims, participating in profits, as well as
income from other corporate rights which is subjected to the same taxation treatment as income from shares by
the laws of the State of which the company making the distribution is a resident.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident
of a Contracting State, carries on business in the other Contracting State of which the company paying the
dividends is a resident through a permanent establishment situated therein, or performs independent personal
services from a fixed base situated therein, and the holding in respect of which the dividends are paid is
effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or
Article 14, as the case may be, shall apply.
5. Where a company which is a resident of a Contracting State derives profits or income from the other
Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar
as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the
dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other
State, nor subject the companys undistributed profits to a tax on the companys undistributed profits, even if the
dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.
Article 11
INTEREST
1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in
that other State.
2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws
of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so
charged shall not exceed 10 percent of the gross amount of the interest.
The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of
this limitation.
3. Notwithstanding the provisions of paragraph 2, interest shall not be taxed in the Contracting State in which it
arises if:
a) the payer is the Government of that Contracting State or a local authority thereof; or
b) interest is paid to the Government of the other Contracting State or to a local authority thereof or to an entity
or body (including financial institutions) wholly owned by that other Contracting State or a local authority thereof;
or
c) interest is paid, on behalf of the Government, to other entities or bodies (including financial institutions) in
respect of money lent by them in the framework of agreements concluded between the Governments of the
Contracting States.
4. The term "interest" as used in this Article means income from debt-claims of every kind, whether or not
secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular,
income from government securities and income from bonds or debentures, including premiums and prizes
attaching to such securities, bonds or debentures. Penalty charges for late payment shall not be regarded as
interest for the purpose of this Article.
5. The provisions of paragraphs 1 to 3 shall not apply if the beneficial owner of the interest, being a resident of a
Contracting State, carries on business in the other Contracting State in which the interest arises through a
permanent establishment situated therein, or performs independent personal services from a fixed base situated
therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent
establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall
apply.
6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where,
however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a
Contracting State a permanent establishment or a fixed base, in connection with which the indebtedness on which
the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then
such interest shall be deemed to arise in the Contracting State in which the permanent establishment or the fixed
base is situated.
7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of
them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid,
exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of
such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the
excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard
being had to the other provisions of this Agreement.
Article 12
ROYALTIES
1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in
that other State.
2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the
laws of that State, but, if the beneficial owner of the royalties is a resident of the other Contracting State, the tax
so charged shall not exceed 5 percent of the gross amount of the royalties.
The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of
this limitation.
3. The term royalties as used in this Article means payments of any kind received as a consideration for the use
of, or the right to use, any copyright of literary, artistic or scientific work, including software, cinematograph films,
any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial,
commercial or scientific experience.
4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of
a Contracting State, carries on business in the other Contracting State in which the royalties arise through a
permanent establishment situated therein, or performs independent personal services from a fixed base situated
therein, and the right or property in respect of which the royalties are paid is effectively connected with such
permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be,
shall apply.
5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where,
however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a
Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the
royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such
royalties shall be deemed to arise in the Contracting State in which the permanent establishment or the fixed base
is situated.
6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of
them and some other person, the amount of the royalties, having regard to the use, right or information for which
they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in
the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In
such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State,
due regard being had to the other provisions of this Agreement.
Article 13
CAPITAL GAINS
1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in
Article 6 and situated in the other Contracting State may be taxed in that other State.
2. Gains from the alienation of movable property forming part of the business property of a permanent
establishment which an enterprise of a Contracting State has in the other Contracting State, or of movable
property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for
the purpose of performing independent personal services, including such gains from the alienation of such
permanent establishment (alone or with the whole enterprise) or of such fixed base, may be taxed in that other
State.
3. Gains from the alienation of ships or aircraft operated in international traffic or movable property pertaining to
the operation of such ships or aircraft shall be taxable only in the Contracting State in which the place of effective
management of the enterprise is situated.
4. Gains from the alienation of any property other than that referred to in paragraphs 1, 2 and 3, shall be taxable
only in the Contracting State of which the alienator is a resident.
Article 14
INDEPENDENT PERSONAL SERVICES
1. Income derived by a resident of a Contracting State in respect of professional services or other activities of an
independent character shall be taxable only in that State unless he has a fixed base regularly available to him in
the other Contracting State for the purpose of performing his activities. If he has such a fixed base, the income
may be taxed in the other State but only so much of it as is attributable to that fixed base.
2. The term professional services includes especially independent scientific, literary, artistic, educational or
teaching activities as well as independent activities of physicians, lawyers, engineers, architects, dentists and
accountants.
Article 15
INCOME FROM EMPLOYMENT
1. Subject to the provisions of Articles 16, 18, 19 and 20, salaries, wages and other similar remuneration derived
by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the
employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as
is derived therefrom may be taxed in that other State.
2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in
respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned
State if:
a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in
any twelve month period commencing or ending in the calendar year concerned, and
b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and
c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the
other State.
3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment
exercised aboard a ship or aircraft operated in international traffic may be taxed in the Contracting State in which
the place of effective management of the enterprise is situated.
Article 16
DIRECTORS FEES
Directors fees and other similar payments derived by a resident of a Contracting State in his capacity as a
member of the board of directors or a similar body of a company which is a resident of the other Contracting
State may be taxed in that other State.
Article 17
ARTISTES AND SPORTSMEN
1. Notwithstanding the provisions of Article 14 and 15, income derived by a resident of a Contracting State as
an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsman, from
his personal activities as such exercised in the other Contracting State, may be taxed in that other State.
2. Where income in respect of personal activities exercised by an entertainer or a sportsman in his capacity as
such accrues not to the entertainer or sportsman himself but to another person, that income may, notwithstanding
the provisions of Article 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer
or sportsman are exercised.
Article 18
PENSIONS
1. Subject to the provisions of paragraph 2 of Article 19, pensions and other similar remuneration paid to a
resident of a Contracting State in consideration of past employment shall be taxable only in that State.
2. The provisions of paragraph 1 shall not apply if the recipient is not subjected to taxation in respect of such
income in the State of which he is a resident and according to the laws of that State. In such case such income
shall be taxable in the State in which it arises.
3. Notwithstanding the provisions in paragraph 1 of this Article, pensions and other similar remuneration made by
a Contracting State under provisions of the social security legislation shall be taxable solely in that State.
Article 19
GOVERNMENT SERVICE
1. a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a local
authority thereof to an individual in respect of services rendered to that State or authority shall be taxable only in
that State.
b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting
State if the services are rendered in that State and the individual is a resident of that State who:
(i) is a national of that State; or
(ii) did not become a resident of that State solely for the purpose of rendering the services.
2. a) Any pension paid by, or out of funds created by, a Contracting State or a local authority thereof, to an
individual in respect of services rendered to that State or authority shall be taxable only in that State.
b) However, such pension shall be taxable only in the other Contracting State if the individual is a resident of, and
a national of, that State.
3. The provisions of Articles 15, 16, 17 and 18 shall apply to salaries, wages and other similar remuneration and
to pensions in respect of services rendered in connection with a business carried on by a Contracting State or a
local authority thereof.
Article 20
PROFESSORS, TEACHERS AND RESEARCHERS
1. A professor, teacher or researcher who makes a temporary visit to a Contracting State for a period not
exceeding 2 years for the purpose of teaching or conducting research at an officially recognized university,
college, school, or other similar educational institution, and who is, or immediately before such visit was, a
resident of the other Contracting State shall be exempt from tax in the first-mentioned Contracting State in
respect of remuneration from such teaching or research.
2. The provisions of paragraph 1 shall not apply to remuneration received in consideration for research carried
on not in the public interest, but primarily for the private benefit of a specific person or persons.
Article 21
STUDENTS AND BUSINESS APPRENTICES
Payments which a student or business apprentice who is or was immediately before visiting a Contracting State a
resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of
his education or training receives for the purpose of his maintenance, education or training shall not be taxed in
that State, provided that such payments arise from sources outside that State.
Article 22
OTHER INCOME
1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles
of this Agreement shall be taxable only in that State.
2. The provisions of paragraph 1 shall not apply to income, other than income from immovable property as
defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State,
carries on business in the other Contracting State through a permanent establishment situated therein, or performs
independent personal services from a fixed base situated therein, and the right or property in respect of which the
income is paid is effectively connected with such permanent establishment or fixed base. In such case the
provisions of Article 7 or Article 14, as the case may be, shall apply.
Chapter IV
METHODS FOR ELIMINATION OF DOUBLE TAXATION
Article 23
ELIMINATION OF DOUBLE TAXATION
1. It is agreed that double taxation shall be avoided in accordance with the following paragraph of this Article.
In either Contracting State:
a) Where a resident of a Contracting State derives income which, in accordance with the provisions of this
Agreement, may be taxed in the other Contracting State, the first-mentioned Contracting State shall allow as a
deduction from the tax on the income of that resident, an amount equal to the income tax paid in the other
Contracting State;
Such deduction shall not, however, exceed that part of the income tax, as computed before the deduction is
given, which is attributable to the income which may be taxed in the other Contracting State.
b) Where in accordance with any provision of this Agreement income derived by a resident of a Contracting
State is exempt from tax in that State, such State may nevertheless, in calculating the amount of tax on the
remaining income of such resident, take into account the exempted income.
Chapter V
SPECIAL PROVISIONS
Article 24
NON-DISCRIMINATION
1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any
requirement connected therewith, which is other or more burdensome than the taxation and connected
requirements to which nationals of that other State in the same circumstances, in particular with respect to
residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply
to persons who are not residents of one or both of the Contracting States.
2. The taxation on a permanent establishment which an enterprise of a Contracting State has in the other
Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of
that other State carrying on the same activities. This provision shall not be construed as obliging a Contracting
State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for
taxation purposes on account of civil status or family responsibilities which it grants to its own residents.
3. Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11, or paragraph 6 of Article
12, apply, interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of
the other Contracting State shall, for the purpose of determining the taxable profits of such enterprise, be
deductible under the same conditions as if they had been paid to a resident of the first-mentioned State.
4. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or
indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned
State to any taxation or any requirement connected therewith which is other or more burdensome than the
taxation and connected requirements to which other similar enterprises of the first-mentioned State are or may be
subjected.
5. The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to taxes of every kind
and description.
Article 25
MUTUAL AGREEMENT PROCEDURE
1. Where a person considers that the actions of one or both of the Contracting States result or will result for him
in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies
provided by the domestic law of those States, present his case to the competent authority of the Contracting
State of which he is a resident or, if his case comes under paragraph 1 of Article 24, to that of the Contracting
State of which he is a national. The case must be presented within two years from the first notification of the
action resulting in taxation not in accordance with the provisions of this Agreement.
2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able
to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the
other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Agreement.
The mutual agreement procedure shall expire by the end of the third year following that in which the case was
presented by the taxpayer. If an agreement is reached, it shall be implemented notwithstanding any time limits in
the domestic law of the Contracting States.
3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any
difficulties or doubts arising as to the interpretation or application of the Agreement. They may also consult
together for the elimination of double taxation in cases not provided for in the Agreement.
4. The competent authorities of the Contracting States may communicate with each other directly, including
through a joint commission consisting of themselves or their representatives, for the purpose of reaching an
agreement in the sense of the preceding paragraphs.
Article 26
EXCHANGE OF INFORMATION
1. The competent authorities of the Contracting States shall exchange such information as is necessary for
carrying out the provisions of this Agreement or of the domestic laws of the Contracting States concerning taxes
covered by this Agreement, insofar as the taxation thereunder is not contrary to the Agreement. The exchange of
information is not restricted by Article 1. Any information received by a Contracting State shall be treated as
secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed
only to persons or authorities (including courts and administrative bodies) concerned with the assessment or
collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to the taxes
covered by this Agreement. Such persons or authorities shall use the information only for such purposes. They
may disclose the information in public court proceedings or in judicial decisions.
2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the
obligation:
a) to carry out administrative measures at variance with the laws and administrative practice of that or the other
Contracting State;
b) to supply information which is not obtainable under the laws or in the normal course of administration of that
or of the other Contracting State;
c) to supply information which would disclose any trade, industrial or professional secret or trade process, or
information, the disclosure of which would be contrary to public policy (ordre public).
Article 27
MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS
Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or consular posts
under the general rules of international law or under the provisions of special agreements.
Article 28
REFUNDS
1. Taxes collected in a Contracting State through a withholding tax shall be refunded upon request of the
interested party where the right to levy such taxes is limited by the provisions of this Agreement.
2. Refund claims to be submitted within the time limits set forth in the laws of the Contracting State which has to
make the refund, shall be accompanied by an official declaration of the Contracting State of which the taxpayer is
a resident stating that such taxpayer meets the requirements to be entitled to the benefits of this Agreement.
3. The competent authorities of the Contracting State shall decide by mutual agreement, in accordance with the
provisions of Article 25 of this Agreement, the mode of application of this Article.
Chapter VI
FINAL PROVISIONS
Article 29
ENTRY INTO FORCE
This Agreement shall enter into force on the date of receipt of the latter notification through diplomatic channels
by which one Contracting State notifies the other that its internal legal requirements for the entry into force of this
Agreement have been fulfilled. This Agreement shall have effect in respect of income derived during the taxable
years beginning on or after the first day of January next following that in which this Agreement enters into force.
Article 30
DENUNCIATION
This Agreement shall remain in force until one of the Contracting States gives written notice of denunciation of
this Agreement to the other Contracting State through diplomatic channels, on or before the thirtieth day of June
in any calendar year after the expiration of a period of five years from the date of its entry into force. In such
event this Agreement shall cease to have effect in respect of income derived during the taxable years beginning
on or after the first day of January in the calendar year next following that in which the notice of denunciation has
been given.